Jurisprudence -- Law -- Laws as rules of human action -- Positive law -- The sources of law -- The object of law -- Rights -- Analysis of a right -- The leading classifications of rights -- Rights at rest in motion --Private law : rights in rem -- Private law : rights in personam --Private law : remedial rights -- Private law : abnormal -- Private law : adjective -- Public law -- International law -- The application of law.

Charlemagne's monogram -- Introduction -- The problem of consciousness -- The earliest vision -- Truth, being, and mind -- The Kehre -- The essence of truth -- The later Heidegger -- Reading Heidegger after Heidegger -- Being not a soul but the unmediated discovery of being.

Hermann Cohen (1842-1918) was a leading figure in the Neo- Kantian philosophical movement that dominated European thought before 1918. He was also an inaugural figure in modern Jewish philosophy in the twentieth and twenty-first centuries. This book explores Cohen's striking claim that ethics is rooted in law - a claim developed both in his philosophical ethics and his philosophy of Judaism, in particular in his writings on "love-of-neighbor," up to and including his well-known Religion of Reason. Dana Hollander proposes that (...) neither Cohen's systematic philosophy nor his "Jewish" philosophy should be seen as the dominant framework for his oeuvre as a whole, but that his understanding of key philosophical questions take shape in the passages between both corpuses, a trait that could be seen as paradigmatic for modern Jewish philosophy. Ethics Out of Law taps into one of the prime topics of current interest in the field of Jewish philosophy: the nature of Jewish political existence and the changing configurations of "law" that this entails. (shrink)

The lever appears to be a very simple object, a tool used since ancient times for the most primitive of tasks: to lift and to balance. Why, then, were prominent intellectuals active around 1800 in areas as diverse as science, philosophy, and literature inspired to think and write about levers? In The Lever as Instrument of Reason, readers will discover the remarkable ways in which the lever is used to model the construction of knowledge and to mobilize new ideas among (...) diverse disciplines. These acts of construction are shown to model key aspects of the human, from the more abstract processes of moral decision-making to a quite literal equation of the powerful human ego with the supposed stability and power of the fulcrum point. (shrink)

The basics of good arguments -- Reasoning and logic -- Fallacies -- Belief, fact, and opinion -- Defining your terms -- Drawing analogies -- Cause and effect -- On good authority -- Making your case.

This essay poses the question whether it is possible, given the relationship of a subject and the method of its examination, at present as opposed to the time when Savigny worked, to talk about the same subject, and if it is not, what are the consequences for the interpretation of law. The turbulent history of Europe in the 20th century, marked by the cataclysms of world wars, genocides, expulsions and upheavals, therefore the necessity of new beginnings, jointly with other factors (...) (e.g. technological optimism) resulted not only in the ebbing of influence for religion, morality and tradition, but also in a deconstruction of law. This includes fragmentation, loss of the ability to formulate and interpret the purpose of law, as well as relativization of the traditional ordering principles of law (particularly the non-contradiction condition and contextual consistency, hierarchical structure, relative stability of law and its language). The opening of the texture of law, its deconstruction, creates a new segment of legislation, namely judicial law-making arising from the uncertainty of normative premises. (shrink)

Situated at the intersection of film and media studies, literary theory, and continental philosophy, The Traces of Jacques Derrida's Cinema provides a trenchant account of the role of cinema in the oeuvre of one of the most influential philosophers of the twentieth century, Jacques Derrida (1930-2004). The book is animated by Derrida's self-confessed passion for the movies, his reluctance to write about film despite the range of his corpus, and the generative encounters arising between his legacy and the field of (...) film and media studies as a result. Given the expanse of its references, interdisciplinarity, and consideration of Derrida's approach to the experience of both spectatorship and the act of being filmed, The Traces of Jacques Derrida's Cinema contributes to the ongoing close analyses of the philosopher's work while also providing a rigorous introduction to deconstruction. (shrink)

A Thousand Plateaus is the engaging and influential second part of Capitalism and Schizophrenia, the remarkable collaborative project written by the philosopher Gilles Deleuze and the psychoanalyst Félix Guattari. This hugely important text is a work of staggering complexity that made a major contribution to contemporary Continental philosophy, yet remains distinctly challenging for readers in a number of disciplines. Deleuze and Guattari's 'A Thousand Plateaus': A Reader's Guide offers a concise and accessible introduction to this extremely important and yet challenging (...) work. Written specifically to meet the needs of students coming to Deleuze and Guattari for the first time, the book offers guidance on: - Philosophical and historical context - Key themes - Reading the text - Reception and influence - Further reading. (shrink)

ABSTRACT Because of the existence of severely defective humans it is commonly held that whatever consideration is due to all humans is also due to many other animals, and that therefore speciesism, or the readiness to prefer the interest of humans to those of other animals, is unjustified. After criticism of this reasoning a ‘naturalised’ speciesism, acknowledging, for example, the affinities between species, is articulated and defended. A key to this defence is the separation of the task of specifying morally (...) significant differences between humans and other animals from the task of justifying the extension of consideration to defective humans. The conclusion is that more traditional vices than speciesism are chiefly to blame for the shabby treatment of animals by humans. (shrink)

In this Very Short Introduction, John H. Holland, one of the leading figures in the field, introduces the key elements and conceptual framework of complexity. From complex physical systems such as fluid flow and the difficulties of predicting weather, to complex adaptive systems such as the diverse and interdependent ecosystems of rainforests, he uses simple examples to illustrate the approach and insights provided by complexity theory.

Adopting a view of utilitarian ethics in which motivation in the public interest takes on greater weight than is generally appreciated, this book explores the extent to which the philosophy of Immanuel Kant is consistent with this nuanced version of utilitarianism. Kant's requirement that full ethical merit needs an agent to act purely 'from duty' to forward 'the universal end of happiness' rather than from a personal inclination to achieve that end clearly distinguishes his position from the version of utilitarian (...) ethics adopted here. But this book also argues that Kant's approval of a secondary category of conduct - conduct 'in conformity with' duty - entailing other-regarding or 'sympathetic' motivation to advance general happiness, differs from the utilitarian position only in its meriting a qualified degree of ethical credit. After comparing Kant's position with those of eighteenth-century utilitarian writers from Locke to Bentham, the book evaluates reactions to Kant by J.S. Mill and Karl Marx and proposes Michel de Montaigne (1533-1592) as a 'precursor' for maintaining a 'Kantian' doctrine of conduct 'from duty' and for other shared features. In terms of public policy, the work demonstrates Kant's justification of poor relief and reduced inequality, his proposal for a state education plan, and his opposition to paternalism. This book provides essential reading for academic specialists and students concerned with the interface of political economy and ethics, as well as the history of economic thought, political economy, history of ethics, history of political thought and intellectual history. Samuel Hollander is University Professor Emeritus at the University of Toronto, Canada, and an Officer in the Order of Canada. (shrink)

Explores ontological humility in the history of philosophy, from Descartes to contemporary gender and race theory.

v. 1. The history of philosophy and science from ancient times to the present day -- v. 2. The origin of the mental capacities and dispositions of man and their normal, abnormal and supernormal manifestations.

In this Very Short Introduction, John H. Holland, one of the leading figures in the field, introduces the key elements and conceptual framework of complexity. From complex physical systems such as fluid flow and the difficulties of predicting weather, to complex adaptive systems such as the diverse and interdependent ecosystems of rainforests, he uses simple examples to illustrate the approach and insights provided by complexity theory.

It is sometimes held that rules of inference determine the meaning of the logical constants: the meaning of, say, conjunction is fully determined by either its introduction or its elimination rules, or both; similarly for the other connectives. In a recent paper, Panu Raatikainen argues that this view—call it logical inferentialism—is undermined by some “very little known” considerations by Carnap (1943) to the effect that “in a definite sense, it is not true that the standard rules of inference” themselves suffice (...) to “determine the meanings of [the] logical constants” (p. 2). In a nutshell, Carnap showed that the rules allow for non-normal interpretations of negation and disjunction. Raatikainen concludes that “no ordinary formalization of logic [... ] is sufficient to ‘fully formalize’ all the essential properties of the logical constants” (ibid.). We suggest that this is a mistake. Pace Raatikainen, intuitionists like Dummett and Prawitz need not worry about Carnap’s problem. And although bilateral solutions for classical inferentialists—as proposed by Timothy Smiley and Ian Rumfitt—seem inadequate, it is not excluded that classical inferentialists may be in a position to address the problem too. (shrink)

Modality is a category of linguistic meaning having to do with the expression of possibility and necessity. A modalized sentence locates an underlying or prejacent proposition in the space of possibilities. Sandy might be home says that there is a possibility that Sandy is home. Sandy must be home says that in all possibilities, Sandy is home. The counterpart of modality in the temporal domain should be called “temporality”, but it is more common to talk of tense and aspect, the (...) prototypical verbal expressions of temporality. Together, modality and temporality are at the heart of the property of “displacement” that enables natural language to talk about affairs beyond the actual here and now. (shrink)

This paper presents a sequential search model where consumers look for several products and multiproduct …rms compete in prices. In such a multiproduct search market, both consumer behavior and …rm behavior exhibit di¤erent features from the single-product case: a consumer often returns to previously visited …rms before running out of options; and prices can decrease with search costs and increase with the number of …rms. The framework is then extended in two directions. First, by introducing both single-product and multiproduct searchers, (...) the model can explain the phenomenon of countercyclical pricing, i.e., prices of many retail products decline during peak-demand periods. Second, by allowing …rms to use bundling strategies, the model sheds new light on how bundling a¤ects market performance. In a search environment, bundling tends to reduce consumer search intensity, which can soften competition and reverse the usual welfare assessment of competitive bundling in a perfect information setting. (shrink)

Elaborating decolonial and intersectional methods, aesthetics has developed rich tools for tackling power differences. A philosophical question arises about the nature of gendered embodied experience and materiality: How to comprehend the cultural field if it is at once a site of heinous expropriation and violence and one of vital social and political possibility? This essay explores this question through a reading of Claudia Llosa's film The Milk of Sorrow ( La teta asustada ) (2009). The film, we show, reworks racial, (...) gendered, and colonial logics and supplants a model of transculturation, magical realism, and syncretism and its attendant figuration of resistance by a cultural vision of a web of multivalent, pluri-directional aesthetic promises and threats. Thus it presents a young Indigenous woman as a contemporary decolonial actor who, in encounter with popular culture and the global marketplace, renders memory livable and opens up unforeseen futures for her young town and country. We signal the implications for the positioning of the decolonial feminist spectator or culture maker and for a decolonial aesthetics. Aesthetic existence at the intersection of oppression and liberation, although impure and troubled, functions as a bountiful font of feminist energy and sustenance and a site of communal caring and imagination. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Tincture of the Doctor's TimeHolland KaplanI first thought of Mr. H as a "difficult patient" while reading the written hand-off I received on him as I was preparing to take over an inpatient general medicine service—"He leaves all the time to smoke." I don't think the statement was meant to imply anything about the patient; if anything, it may have been included for context to prepare me for (...) the patient's intermittent absence. But, reading this, I felt a familiar sense of annoyance rising in my chest. Every few months, I take care of a patient who seems to never be in his room. The patient is consistently out smoking, in the cafeteria, or in another unknown location, seemingly doing an undisclosed activity. This is frustrating because it means I have to work around the patient's schedule of smoke breaks and jaunts to the cafeteria to evaluate the patient on a daily basis. The thoughts inevitably cross my mind: Does this patient even want care in the hospital if he's never in his room? Is he actually sick enough to need to be in the hospital if he's able to spend so much time outside of the hospital? Why is he leaving so frequently—is he doing drugs?This particular patient had been in perfect health until two months before I met him when he was shot multiple times during an encounter at a gas station. One of the bullets had lodged in his back, shattering a vertebra. Another had decimated the bones in his right upper arm, which were now held in place by screws and plates. Several had landed in his abdomen, necessitating the removal of part of his bowel. Finally, a bullet had sliced through the lower part of his right kidney, shredding his ureter and mandating surgical reconstruction of his urinary system. After over a month in the intensive care unit with multiple reparative surgeries, he was discharged to a rehabilitation facility. But he started having fevers and fast heart rates; ultimately, he was admitted to the hospital again for multiple infected fluid collections that had formed at the sites of his surgeries. He left the hospital prior to getting treated for these infections, purportedly "against medical [End Page 12] advice." And now, several weeks later, he was here in the hospital for the same reason.The first time I went to see Mr. H, he was, of course, not in his room. I went to the nursing station to ask if the clerk knew where he was. She knowingly said, "Oh yeah, he goes out a lot. I can give him a call to let him know the doctor is here to see him if you'd like." I assented, thanked the clerk for calling him, and proceeded, annoyed, in seeing the rest of my patients. I considered how I would address Mr. H's behavior when I was finally able to talk to him. I had seen others take many different approaches—negotiation about the timing and frequency of these extramural expeditions, ultimatums about getting discharged, mandating urine drug screens upon return, and silent, frustrated tolerance. I resolved to wait to speak to him to determine which approach might be most suitable. An hour later, I received a call from the clerk that Mr. H had returned to his room to see me.The first time I met Mr. H, he informed me he had taken the bus to midtown to make a run to the grocery store. I was internally incredulous. He felt well enough to go to the grocery store? Why was he in the hospital then? At that moment, I opted not to discuss his frequent departures yet, as I was frustrated and realized I wouldn't be able to identify the best way to address them. I reviewed his medical issues with him, asked specific questions about how he was feeling, performed a physical exam, and reiterated his current plan of care. Mr. H made it very clear that he would like to get out of the hospital as soon as possible. I tried to set the expectation that he... (shrink)

Was Malthus a ‘Utilitarian’? This apparently simple-minded question is justified by on-going debate in the secondary literature. For example, in his study, The Classical Economists, D. P. O'Brien maintains that ‘only the two Mills, apart from Bentham himself, were really Utilitarians’. Against this we have the view of Lord Robbins that ‘We get the picture badly out of focus if we conceive that reliance on the principle of utility was confined to Bentham and his immediate circle.’ In this paper we (...) shall demonstrate the justice of the Robbins perspective with specific reference to the population issue. (shrink)

The phrase 'beyond historicism' is usually associated with Bielefeld historians like Hans Ulrich Wehler and Jürgen Kocka, who attempted to turn the study of history into a social science, but a better candidate would be the sociologist Niklas Luhmann, who happened to teach as well in Bielefeld during the 1970's and 1980's. Luhmann had little affinity with the project of his colleagues from the history department. He took the opposite view that the social sciences suffered from a naive enlightenment view (...) and should become more history minded. Like the historicists of the early nineteenth century Luhmann was indirectly inspired by the philosophy of Leibniz. Although Luhmann's theory of social systems may seem miles away from the daily interests of most historians, it can be interpreted as an Aufhebung of historicism. This will be demonstrated for two important concepts, the autopoietic system which incorporates the historicist notion of individuality and the concept of second order observation which can be read as an abstract redescription of what historicists meant by the historical method. (shrink)

Beowulf, The Battle of Maldon, The Dream of the Rood, The Wanderer, and The Seafarer are among the greatest surviving Anglo-Saxon poems. They, and many other treasures, are included in The Anglo-Saxon World: chronicles, laws and letters, charters and charms, and above all superb poems. Here is a word picture of a people who came to these islands as pagans and yet within two hundred years had become Christians, to such effect that England was the centre of missionary endeavour and, (...) for a time, the heart of European civilization. Kevin Crossley-Holland places poems and prose in context with his skilful interpretation of the Anglo-Saxon world; his translations have been widely acclaimed, and of Beowulf the poet Charles Causley has written, 'the poem has at last found its translator'. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more. (shrink)

The lexicographic power ΔΓ of chains Δ and Γ is, roughly, the Cartesian power Πγ∈Γ Δ, totally ordered lexicographically from the left. Here the focus is on certain powers in which either Δ = R or Γ = R, with emphasis on when two such powers are isomorphic and on when ΔΓ is 2-homogeneous. The main results are: (1) For a countably infinite ordinal α, Rα* +α ≃ Rα. (2) RR ≄ RQ. (3) For Δ a countable ordinal ≥ 2. (...) ΔR, with its smallest element deleted, is 2-homogeneous. (shrink)

We show that in the [Formula: see text] extension of a certain Chang-type model of determinacy, if [Formula: see text], then the restriction of the club filter on [Formula: see text] Cof[Formula: see text] to HOD is an ultrafilter in HOD. This answers Question 4.11 of [O. Ben-Neria and Y. Hayut, On [Formula: see text]-strongly measurable cardinals, Forum Math. Sigma 11 (2023) e19].

This article considers Hugo Grotius’s ideas on a specific topic of commercial law, analysing his position and potential contributions to early modern Dutch insolvency legislation. It might be questioned how ‘Hollandic’ Grotius’s interpretations of legal solutions for insolvency as presented in the Inleidinge tot de Hollandsche Rechts-Geleerdheid actually were. Grotius’s treatment of cessie van goede is relatively strict, whereas compositions are hardly mentioned. A rather different image rises from his later work. Here, Grotius displays a more radical view, in specific (...) cases allowing the sovereign to interfere in private property rights and to restructure debts for the common good. It is an intriguing question if and to what extent these ideas can be related to contemporary Dutch insolvency practices. (shrink)